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Study Judicial Process LL.M Subject

JUDICIAL PROCESS
Objectives of the course
A lawyer, whether academic or professional, is expected to be
competent to analyse and evaluate the legal process from a broader juristic
perspective. Hence a compulsory paper on Judicial Process is essential in the
LL.M. curriculum. The objective of this paper is to study the nature of
judicial process as an instrument of social ordering. It is intended to
highlight the role of court as policy maker, participant in the power process
and as an instrument of social change. This paper further intends to expose
the intricacies of judicial creativity and the judicial tools and techniques
employed in the process. Since the ultimate aim of any legal process or
system is pursuit of justice, a systematic study of the concept of justice and
its various theoretical foundations is required. This paper, therefore, intends
to familiarise the students with various theories, different aspects and
alternative ways, of attaining justice.
The following syllabus prepared with the above perspective will
spread over a period of one year.
Subject :
1. Nature of judicial process
1.1 Judicial process as an instrument of social ordering.
1.2 Judicial process and creativity in law common law model –
Legal Reasoning and growth of law change and stability.

1.3 The tools and techniques of judicial creativity and precedent.
1.4 Legal development and creativity through legal reasoning under
statutory and codified systems.
2. Special Dimensions of Judicial Process in
Constitutional Adjudications.
2.1 Notions of Judicial review.
2.2 'Role' in constitutional adjudication various theories of judicial
role.
2.3 Tools and techniques in policy making and creativity in
constitutional adjudication.
2.4 Varieties of judicial and juristic activism.
2.5 Problems of accountability and judicial law making.
3. Judicial Process in India.
3.1 Indian debate on the role of judges and on the notion of judicial
review.
3.2 The "independence" of judiciary and the "political" nature of
judicial process.
3.3 Judicial activism and creativity of the Supreme Court the tools
and techniques of creativity.
3.4 Judicial process in pursuit of constitutional goals and values –
new dimensions of judicial activism and structural challenges.
3.5 Institutional liability of courts and judicial activism scope and
limits.
4. The Concept of Justice.
4.1 The concept of justice or Dharma in Indian thought
4.2 Dharma as the foundation of legal ordering in Indian thought.

4.3 The concept and various theories of justice in the western
thought.
4.4 Various theoretical bases of justice: the liberal contractual
tradition, the liberal utilitarian tradition and the liberal moral
tradition.
5. Relation between Law and Justice
5.1 Equivalence Theories Justice as nothing more than the
positive law of the stronger class.
5.2 Dependency theories For its realization justice depends on
law, but justice is not the same as law.
5.3 The independence of justice theories means to end
relationship of law and justice The relationship in the context
of the Indian constitutional ordering.
5.4 Analysis of selected of the Supreme Court where judicial
process can be seen as influenced by theories of justice.





LLM Subjects


WAGES
AGRICULTURAL LABOUR
COLLECTIVE BARGAINING
COLLECTIVE VIOLENCE AND CRIMINAL JUSTICE SYSTEM
COMPARATIVE CRIMINAL PROCEDURE
CONSTITUTIONALISM PLURALISM AND FEDERALISM
DRUG ADDICTION CRIMINAL JUSTICE AND HUMAN RIGHTS
HUMAN RIGHTS
INDUSTRIAL ADJUDICATION
JUDICIAL PROCESS
JUVENILE DELINQUENCY
LAW AND SOCIAL TRANSFORMATION IN INDIA
LAW RELATING TO CIVIL SERVANTS
LEGAL EDUCATION AND RESEARCH METHODOLOGY
MASS MEDIA LAW
NATIONAL SECURITY PUBLIC ORDER AND RULE OF LAW
PENOLOGY TREATMENT OF OFFENDERS
PRIVILEGED CLASS DEVIANCE
PUBLIC UTILITIES LAW
SOCIAL SECURITIES LAW
UNION STATE FINANCIAL RELATIONS












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Page Description: Judicial Process LL.M Subject, Master in Law Judicial Process, Masters Degree LL.M Subject, Post Graduate Degree LL.M Subject